TITLE 71: PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY
CHAPTER IV: SECRETARY OF STATE
PART 2000 PUBLIC BUILDING CONSTRUCTION
SECTION 2000.350 MINOR INFORMALITIES OR IRREGULARITIES IN BIDS
Section 2000.350 Minor Informalities or Irregularities in Bids
A minor informality or irregularity is one which is a matter of form or pertains to some immaterial or inconsequential defect or variation of a bid from the exact requirement of the Invitation for Bids, the correction or waiver of which would not be prejudicial to other Bidders. The defect or variation in the bid is immaterial and inconsequential when its significance as to price, quantity, quality, or delivery is trivial or negligible when compared to the total cost or scope of the goods or services being procured. The Director of Purchasing shall either give the Bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive such deficiency, whichever is to the advantage of the Agency. Examples of minor informalities or irregularities of form include, but are not limited to:
a) Failure of Bidder to return the number of copies of signed bids required by the Invitation for Bids.
b) Failure of Bidder to sign its bid, but only if:
1) The unsigned bid is accompanied by other material indicating the Bidder's intention to be bound by the unsigned bid document, such as the submission of a bid guarantee, or a letter signed by the Bidder with the bid referring to and clearly identifying the bid itself; or
2) The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of document by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature.
c) Failure of a Bidder to acknowledge receipt of an amendment to an Invitation for Bids, but only if:
1) The bid received clearly indicates that the Bidder received the amendment, such as where the amendment added another item to the Invitation for Bids and the Bidder submitted a bid thereon; or
2) The amendment involves only a matter of form or is one which has either no effect or merely a trivial or negligible effect on price, quantity, quality, or delivery of the item bid upon.